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ITAT upholds deletion of cash found at directors premises belonging to Company

November 29, 2023 573 Views 0 comment Print

In a significant ruling, ITAT Delhi upholds deletion of cash addition in DCIT vs. Atul Gupta case for AY 2017-18 after demonetization. Get the full order details here

ITAT quashes section 271D penalty order as it was barred by limitation

November 29, 2023 1392 Views 0 comment Print

ITAT quashes penalty order under section 271D as it was time-barred. Detailed analysis of Ram Kishan Verma Vs Additional CIT (ITAT Jaipur) case.

Addition towards unexplained cash credit deleted as AO failed to conduct independent inquiry

November 28, 2023 1158 Views 0 comment Print

ITAT Ahmedabad deleted the addition towards unexplained cash credit as AO failed to conduct independent inquiry and addition was made merely for the reason that there was minor difference in amount of cash deposited vis-à-vis amount of demand draft and amount of invoice.

Non-striking on irrelevant limb u/s 271(1)(c) vitiates entire penalty proceedings

November 28, 2023 603 Views 0 comment Print

ITAT Mumbai held that as the assessee should be aware of the exact charge for which the penalty proceeding has been initiated, non-striking on the irrelevant limb under section 271(1)(c) of the Income Tax Act vitiates the entire penalty proceedings.

Initiation of proceedings against person other than searched person u/s 148 instead of 153C unsustainable

November 28, 2023 1911 Views 0 comment Print

ITAT Bangalore held that initiation of proceedings against the person other than the searched person under section 148, instead of section 153C, of the Income Tax Act is without any jurisdiction and hence held liable to be set aside.

ITAT Mumbai Allows MAT Credit & Carry Forward of Capital Loss in Demerger

November 28, 2023 1185 Views 0 comment Print

ITAT Mumbai order in DCIT vs Brandon & Co. (P) Ltd.: Set-off of carry-forward loss of capital gains in demerger. Analysis and conclusions provided.

Bogus Purchase: ITAT Mumbai restricts profit element of purchases at 4%

November 28, 2023 6639 Views 0 comment Print

Explore the JMD Corporation vs ITO case where ITAT Mumbai restricts profit element of purchases at 4%, examining allegations of bogus purchases for A.Y. 2011-12.

Late fee u/s 234E for delayed filing of TDS return for A.Y. prior to 01.06.2015 unsustainable

November 27, 2023 9549 Views 0 comment Print

ITAT Bangalore held that no computation of fee u/s. 234E of the Act for delayed filing of return of TDS while processing a return of TDS u/s. 234E of the Act could have been made for tax deducted at source for the assessment years prior to 1.6.2015.

Finance costs having direct nexus with business is allowable as deduction u/s 36(1)(iii)

November 27, 2023 918 Views 0 comment Print

ITAT Mumbai held that the finance costs having direct nexus with the business should be allowed as a deduction under section 36(1)(iii) of the Income Tax Act.

TP adjustment deleted as rates on which power is available via Indian Energy Exchange cannot be applied

November 27, 2023 558 Views 0 comment Print

ITAT Mumbai held that the rates on which power is available through Indian Energy Exchange cannot be applied, because these are not the rates to the consumers but rates to the DISCOMs. Accordingly, transfer pricing adjustment deleted.

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